Legal Question in Wills and Trusts in Massachusetts
person w/dementia
My mother is my father's health care proxy, my sister is next after my mother. my mother needs to change this sister to a different sister. Lawyer says it can not be done because my father is not able to sign his name. Is my mother able to change this decision that was made years ago? Sister who is on the proxy lives 4 hours away from parents. Is my mother able to change her will if my father does not understand much anymore? Can my mother make decisions for or without my father's consent because of his condition?
3 Answers from Attorneys
Re: person w/dementia
The lawyer is likely correct, unless the health care proxy explicitly allows the health care agent to appoint a new successor agent.
The only alternative I can see would be for the health care agent to petition the Probate Court for the authority to make the change -- and there would have to be a good reason why the successor is "unsuitable." Living four hours away from your family is probably not, by itself "unsuitable."
Re: person w/dementia
I agree with attorney Golden regarding your Father's health care proxy designation.
To answer your other question, your mother can (and probably should) re-examine her own will and important health care documents in light of your Father's condition.
If I can be of any assistance in this regard, please do not hesitate to contact me.
www.vaughnmartel.com
Re: person w/dementia
Your mother probably cannot change your father's health care proxy unless the Proxy allows her to do so or she has a Durable Power of Attorney which gives her such authority.
The other questions you ask can be best be answered by an attorney reviewing your mother's current will and other relevant information and documents that your mother has. I would suggest that your mother meet with an attorney and go over her issues now.
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